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M 11-18-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 18, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 8:11 p.m., Monday, November, 18, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson and Mayor Brent N. Ventura. Absent:None. APPOINTMENT OF MAYOR Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council appoint Mr. Carlson Mayor for the upcoming year. Carried by a vote of 4 ayes. Mr. Carlson abstained. Mr. Carlson thanked the Council for their vote of confidence and addressed the financial and transportation issues facing the Town as priorities for this coming year. APPOINTMENT OF VICE-MAYOR Motion by Mr. Attaway, seconded by Mr. Blanton, that Council appoint Mrs. Benjamin Vice-Mayor for the upcoming year. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. LIBRARY BOARD APPOINTMENT/SHIRLEY EGAN Mayor Carlson announced that applications had been received from Diane Cronk, Shirley Egan, Lissa Williams and Pasteur Yuen for one vacancy on the Library Board. Voting was held and Shirley Egan was appointed to the term expiring July 1, 1993. GENERAL PLAN COMMITTEE APPOINTMENT/STEPHEN RICE Mayor Carlson announced that applications had been received from Ellen Graff and Stephen Rice for one vacancy on the General Plan Committee. Voting was held and Stephen Rice was appointed to this position for the term expiring August 1, 1995. REDEVELOPMENT ADVISORY COMMITTEE/LEE QUINTANA TC:D2:MM111891 Mayor Carlson announced that applications had been received from Jeffrey Black, Lois Chapson, Edward James, Chris Wiley and Lee Quintana for one vacancy on the Redevelopment Advisory Committee. Voting was held and Lee Quintana was appointed to the term expiring August 1, 1992. BOARD OF APPEALS/CONTINUED TO LATER DATE Mayor Carlson announced that appointments to the Board of Appeals would be taken up at a later date. TC:D2:MM111891 November 18, 1991 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS The schedule of Public Hearings was received and filed. COUNTY REFERRALS Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the recommendations from staff as follows: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION A. Projects Outside Urban Service Area: None B.Projects Inside Urban Service Area: 3912-31-49-89B-89DR 15785 Blackberry Hill Rd.Tomklewicz Time Extension Approval/5 conditions 5083-31-49-91DR 10346 Aztec Ridge Liniecki Design Review Approval/1 condition C.Status of Previous Referrals/Appeals: None Carried unanimously. PAYROLL/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for payroll of October 13 through 26, 1991 paid on November 1, 1991, in the amount of $206,867.54 paid on November 1, 1991. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify accompanying check registers for accounts payable invoices in the amount of $570,807.15 paid on November 1 and 8, 1991. Carried unanimously. OCTOBER REVENUE ANALYSIS Informational item regarding Town revenues was received and filed. PEAT MARWICK/KPMG/INFORMATION SYSTEMS REPORT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept KPMG Peat Marwick's Information Systems Final Requirements Report and Alternatives Analysis Draft Report, and that Council authorize Town Manager to make final payment (i.e., the retained 10% of contract, $6,249.98) upon KPMG Peat Marwick's satisfactory completion of a Final TC:D2:MM111891 November 18, 1991 Los Gatos, California Alternatives Analysis Report. Carried unanimously. AMICUS BRIEF/TRUSTEES, ETC. VS. CITY OF CHICO Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize participation in the above-referenced case at no cost to the Town. Carried unanimously. CALDAP/LOAN SUBORDINATION/EARTHQUAKE DAMAGED PROPERTY Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council grant an exception to the Housing Conservation Program (HCP) guidelines regarding subordination of loans to permit the subordination of a borrower's HCP loan to a CALDAP loan; this will assist borrower to rehabilitate earthquake damaged property. Carried unanimously. TC:D2:MM111891 November 18, 1991 Los Gatos, California COMMUNITY SERVICES/PROGRAM SPECIALIST/ARC/CALDAP Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council extend the budgeted term of the community services program specialist position through the fourth quarter contingent upon grant revenues. Carried unanimously. LEGISLATION REVIEW/LEAGUE OF CALIFORNIA CITIES Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize Mayor to sign a letter that Council agrees with the proposed process for legislation review. Carried unanimously. 8805 PROJECT/LOT 15/COMPLETION NOTICE Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8805 - Lot No. 15. Carried unanimously. FLOOD CONTROL ZONE ADVISORY COMMITTEE/APPOINTMENTS SANTA CLARA VALLEY WATER DISTRICT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council nominate Frans Lind, Associate Civil Engineer, Representative; John Givilin, Associate Civil Engineer, Alternate No. 1; and Scott R. Baker, Director of Building and Engineering Services, Alternate No. 2 to the Central and North Central Flood Control Zone Advisory Committees. The actual appointments will be made by the District Board of Directors. Carried unanimously. CENTRAL LOS GATOS REDEVELOPMENT PROJECT/WRITTEN OBJECTIONS TAXING ENTITIES & PROPERTY OWNERS/RESOLUTION 1991-245 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 245 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS OF ADOPTION OF THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT, which includes Exhibit A before Council as a desk item this evening. Carried by a vote of 4 ayes. Mr. Ventura abstained. REDEVELOPMENT PROJECT/CENTRAL LOS GATOS/LOW INCOME HOUSING TAX USE/RESOLUTION 1991-245 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 246 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FINDING THAT THE USE OF TAXES ALLOCATED FROM THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE COMMUNITY'S SUPPLY OF LOW-AND MODERATED-INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. Carried by a vote of 4 ayes. Mr. Ventura abstained. TC:D2:MM111891 November 18, 1991 Los Gatos, California REDEVELOPMENT PROJECT/CENTRAL LOS GATOS/RESOLUTION 1991-247 FINAL ENVIRONMENTAL IMPACT REPORT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 247 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND APPROVING A MITIGATION MONITORING PROGRAM, which includes Exhibit A provided as a desk item this evening. Carried by a vote of 4 ayes. Mr. Ventura abstained. TC:D2:MM111891 November 18, 1991 Los Gatos, California DOWNTOWN BUSINESS DISTRICT/STEAM CLEAN SIDEWALKS Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve a report authorizing the Town Manager to expend funds to steam clean sidewalks in the Downtown Business District. Carried unanimously. SANTA CLARA COUNTY TRANSPORTATION AGENCY/NEIGHBORHOOD CENTER USE RESOLUTION 1991-248 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 248 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGARDING USE OF NEIGHBORHOOD CENTER BY SANTA CLARA COUNTY TRANSPORTATION AGENCY. Carried unanimously. ENVIRONMENTAL SCIENCE ASSOCIATES/ENVIRONMENTAL IMPACT REPORT AGREEMENTS/RESOLUTION 1991-249 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 249 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENTS TO PREPARE ENVIRONMENTAL IMPACT REPORTS FOR A NINE-LOT SHANNON ROAD SUBDIVISION AND A 27-LOT SHADY LANE SUBDIVISION. Carried unanimously. MUSEUM ASSOCIATION/LEASE AGREEMENT/RESOLUTION 1991-250 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 250 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION. Carried unanimously. HOUSING CONSERVATION/PROGRAM LOAN PORTFOLIO/LOAN SERVICING RESOLUTION 1991-251 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 251 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ASSUME LOAN SERVICING FUNCTIONS FOR THE HOUSING CONSERVATION PROGRAM LOAN PORTFOLIO. Carried unanimously. LOS GATOS-SARATOGA HIGH SCHOOL/HANDICAP ACCESSIBILITY AGREEMENT/RESOLUTION 1991-252 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 252 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AGREEMENT WITH THE LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT TO PROVIDE HANDICAP ACCESSIBILITY AT LOS GATOS HIGH SCHOOL. Carried by a vote of 4 ayes. TC:D2:MM111891 November 18, 1991 Los Gatos, California Mrs. Benjamin abstained. FIESTA WAY 17/PURCHASE AGREEMENT AMENDMENT/RESOLUTION 1991-253 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 253 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING THE PURCHASE AGREEMENT FOR 17 FIESTA WAY. Carried unanimously. TC:D2:MM111891 November 18, 1991 Los Gatos, California DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/APPOINTMENT OF BOARD OF DIRECTORS/RESOLUTION 1991-254 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 254 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING A BOARD OF DIRECTORS TO ADMINISTER THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT. Carried unanimously. SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AGREEMENT/RESOLUTION 1991-255 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 255 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE ESTABLISHMENT OF AND PARTICIPATION IN THE SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT FOR SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY. Carried unanimously. DITTOS LANE 20/APPEAL DENIAL/RESOLUTION 1991-256 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 256 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF A ZONE CHANCE FROM R-1D (SINGLE-FAMILY RESIDENTIAL, DOWNTOWN) TO R-1D-PD (SINGLE-FAMILY RESIDENTIAL, DOWNTOWN-PLANNED DEVELOPMENT) FOR THE CONSTRUCTION OF A 16 UNIT RESIDENTIAL DEVELOPMENT. NEGATIVE DECLARATION: ND-91-6 AND ZONE CHANGE APPLICATION. Carried unanimously. WEST PARR AVENUE 634/APPEAL DENIAL/RESOLUTION 1991-257 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 257 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION APPROVING PLANS FOR THE CONSTRUCTION OF A 64-UNIT MULTI-FAMILY HOUSING DEVELOPMENT AND A CHILD CARE CENTER ON APPROXIMATELY 3.4 ACRES OF PROPERTY IN THE O-PD ZONE. ARCHITECTURE AND SITE APPLICATION: S-86-24C. PROPERTY LOCATED AT: 634 WEST PARR AVENUE. PROPERTY OWNER: NATIONAL MEDICAL ENTERPRISES. APPLICANT: MID-PENINSULA HOUSING COALITION. APPELLANT: CHESTER MALLORY, PRESIDENT, WEST PARR NEIGHBORHOOD ASSOCIATION. Carried by a vote of 4 ayes. Mayor Carlson voted no for reasons noted in previous record. TC:D2:MM111891 November 18, 1991 Los Gatos, California SIDE YARD SETBACKS/ZONE CHANGE #83/ORDINANCE 1833 AMENDED/ORDINANCE 1879 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1879 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1833 RELATING TO MODIFIED SIDE YARD SETBACKS AFFECTING ZONE CHANGE NO. 83. FROM R-1:8 TO R-1:8000-PD, which incorporates the Council findings and decision at its meeting of November 4, 1991. Carried unanimously. TC:D2:MM111891 November 18, 1991 Los Gatos, California SMOKING/TOWN CODE AMENDMENT/ORDINANCE 1880 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1880 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 17-6 OF THE TOWN CODE REGARDING THE REGULATION OF SMOKING IN PUBLIC PLACES, which incorporates the Council findings and decision at its meeting of November 4, 1991. Carried unanimously. VERBAL COMMUNICATIONS Carol Musser, 232 Loma Alta, made presentation to Mr. Ventura, as the retiring Mayor, of a photograph of him throwing out the opening ball at Candlestick Park on Giant's Day. HEARINGS ANNEXATION FEES/RESOLUTION 258/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider fees for annexation to the Town of Los Gatos. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 258 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING FEES FOR ANNEXATIONS TO THE TOWN OF LOS GATOS. Carried unanimously. SANTA CRUZ AVE N 646/OIL CHANGERS/HEINDEL/APPEAL/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to deny a request to demolish an existing single-family residence and to construct an oil change and lubrication facility on property in the LM zone. Conditional Use Permit Application U-91-5, Architecture and Site Application S-91-39, Negative Declaration ND-91-5. Property is located at 646 N. Santa Cruz Avenue. Property owners, John and Nola Heindel. Applicant, Seth Bland/Oil Changers. The following people from the audience spoke to this issue: Staff noted that a desk item requesting support for the project appeared before Council this evening. Seth Bland, representing Oil Changers, 4511 Willow Road, Pleasanton, asked for project consideration and approval from Council. He addressed traffic, zoning and parking. TC:D2:MM111891 November 18, 1991 Los Gatos, California Mike Riever, 646 N. Santa Cruz Ave., does not approve of the project on Santa Cruz Ave., noting problems with parking and geologic location. Sam Yablonsky, 132 Tait Ave., spoke concerning the industrialization of N. Santa Cruz. Geordy Henderson, 249 San Mateo, spoke of a survey he does not see attached to tonight's report. He does not approve of this project, and submitted a petition for the record. Bud Anzalone, 229 San Mateo Ave., spoke in opposition to project. Seth Bland, made final comments regarding the project. No one else from the audience addressed this issue. TC:D2:MM111891 November 18, 1991 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE. CONT. Motion by Mr. Attaway, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council uphold the findings of the Planning Commission and deny the appeal of Conditional Use Permit U-91-5 and Architecture and Site Application S-91-39; Mr. Ventura stated that the project was in part consistent with zoning but not consistent with the recommendations of the Commercial Specific Plan for Santa Cruz Ave. which was retail, not offices nor industry, and industry to be kept to University and Industrial Ave.; Mrs. Benjamin also commented that the area was perceived by the Commercial Plan as a gateway to Los Gatos for both residential and business communities and should not allow industry. Carried by a vote of 4 ayes. Mr. Blanton voted no finding that the application is in conformity to the General Plan with low volume of traffic associated with the business, and will add to the "full service community" Council has asked for, being unique and beneficial to the Town. MAIN ST W 131/EARTHQUAKE DAMAGE/MACRAE/HEARING Mayor Carlson stated that this was the time and place duly noted for public hearing to consider request for an amendment to a previous approval for residential condominiums changing the number of residential condominiums on the second floor and approval of plans for exterior and interior modifications to an earthquake damaged historic commercial building in the C-2-LHP zone. Conditional Use Permit Application EU-91-9A, Architecture and Site Application ES-90-23A. Property is located at 131 W. Main Street. Property owner, Ian Macrae. The following person from the audience spoke regarding this subject: John Lien, 196 College Ave., requested amendment to previous approval and asked for waiver of handicapped requirements, in lieu fees for below market housing, and requirements for undergrounding utilities. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council waive open space requirements for the residential condominiums for this new application which increases residential space and decreases office space. Carried by a vote of 4 ayes. Mr. Attaway TC:D2:MM111891 November 18, 1991 Los Gatos, California voted no finding that Town standards are being sacrificed in regards to consideration of open space, parking and subsidizing the project; this project should not increase from 4 to 7 residential units without considering the parking issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council make the findings as required in Section 5.20.210 of the Zoning Ordinance for the granting of a conditional use permit as listed in items 1 through 4 on pages 4 and 5. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons previously stated. TC:D2:MM111891 November 18, 1991 Los Gatos, California HEARINGS CONTINUED MAIN STREET CONT Motion by Mr. Ventura, seconded by Mr. Blanton, that Council modify condition #1 on page 5 to read as follows: "To the satisfaction of the Planning Director any structural or exterior modifications must comply with the Secretary of the Interior Standards and have prior approval of the State Office of Historic Preservation." Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons previously stated. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve Conditional Use Permit Application EU-91-9A and Architecture and Site Application ES-90-23B subject to the conditions recommended by the Earthquake Restoration Committee. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons previously stated. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council reconsider the previous motion. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council waive the handicapped accessibility requirement on the second floor, which deletes condition #6 on page five of tonight's report; rationale for the elevator is to open up the units to a larger market, including seniors, and make it more comfortable for living. Carried by a vote of 3 ayes. Mr. Carlson voted no feeling that this is an ideal location for handicapped to live, being in the downtown area and on transportation routes. Mr. Attaway voted no for reasons previously stated. Mr. Lien asked for clarification of #16 on page 6 "all utilities serving this building shall be underground." Due to the many easements associated with this property that the undergrounding would have to negotiate, Mr. Lien asked for reconsideration of this requirement. Mr. Bowman, Planning Director, explained that it is standard Town requirement that all services provided to new and remodeled buildings are to be undergrounded. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council approve Conditional Use Permit Application EU-91-9A and Architecture and Site Application ES-90-23B subject to the conditions recommended by the Earthquake Restoration Committee, and including the amendments and revised conditions adopted this evening. Carried by a vote of 4 ayes. Mr. Attaway voted no for reasons previously stated. TRAFFIC IMPACT MITIGATION FEES/HEARING TC:D2:MM111891 November 18, 1991 Los Gatos, California Mayor Carlson stated that this was the time and place duly noted for public hearing to consider revisions to Town-wide Traffic Impact Mitigation Fees. The following people from the audience spoke regarding this subject: Beverly Bryant, Executive Director of the Silicon Valley Chapter of the National Association of Industrial and Office Parks, representing industrial commercial developers in the valley, questioned the new fees being proposed though did not oppose the changes suggested last year. TC:D2:MM111891 November 18, 1991 Los Gatos, California HEARINGS CONTINUED TRAFFIC FEES CONT. Her feeling being that the raise in fees will severely impact certain businesses and will be passed on to the patrons and employees, perhaps as much as $1,000 a year, and that this fee included with other business expenses and restraints at this time is prohibitive. Answer to her concern was that this fee would be triggered anytime there was intensification. Joe Hargett, 95 Church Street, opposed the increase in fees at this particular time when the Town is trying to generate business in the Downtown Business District. The perception of increased expense and restrictions will not increase the motivation to establish business within Los Gatos. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council table the proposed revision to the Town-wide traffic impact fees for six months and deliberate on it again in the spring while looking at the economic situation at that time and to compare Town's fee schedule with other communities'. Carried by a vote of 4 ayes. Mr. Ventura voted no, feeling that the traffic impact fees have a critical roll in the overall quality of life in Los Gatos; he would prefer to send the item back to the Planning Commission to reevaluate the fee structure and to concentrate on the development of large projects not the individual, established, small businesses. SANTA CRUZ AVE N 41/LOS GATOS THEATER/CORMACK Mayor Carlson stated that this was the time and place duly noted to consider request for approval of plans for a minor modification to the exterior of an existing theater to permit an exterior door to the second floor on property in the C-2-LHP zone. The following person from the audience spoke to this issue: Ray Cobb, architect for the apartment access, spoke in regards to the apartment on the second floor of the theater and an appropriate access to the unit. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Ventura, to continue this item to December 2, 1991 in order for the architect and owner to meet with Mr. Attaway and Mr. Ventura to TC:D2:MM111891 November 18, 1991 Los Gatos, California discuss the original look of the front of the theater before the earthquake and the need for access to the second floor. Carried unanimously. REDEVELOPMENT PROJECT/CENTRAL LOS GATOS PROJECT Mayor Carlson stated that this was the time and place duly noted to consider Introduction of Draft Ordinance for the redevelopment Plan for the Central Los Gatos Redevelopment Project. TC:D2:MM111891 November 18, 1991 Los Gatos, California REDEVELOPMENT PROJECT CONT. The following person from the audience spoke regarding this subject: Frank Lockfeld, County of Santa Clara, Office of the County Executive, expressed to Council that County Administration will be recommending acceptance by the Board of Supervisors of the Town's offer of October 12, 1991 for reasons following: the focus of the project is to rehabilitate infrastructure that was fractured by the earthquake; the reduction in the cap from $250 to $200 million; recognition of the agreements entered into with the affected school districts. No one else from the audience addressed this issue. Mr. Bowman, Town Planning Director, pointed out that the Town had not reduced the cap as Mr. Lockfeld had thought. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT. Carried by a vote of 4 ayes. Mr. Ventura absent. This ordinance will be introduced again at the end of the meeting due to the Clerk reading the incorrect title. BUS STOP/LOT 15 Motion by Mr. Ventura, seconded by Mr. Attaway, that Council delete the bus stop at 7- 11 and move it to a location at the new parking lot 15. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Blanton voted no stating that more study (to show usership) was needed as to feasibility of deletion at current location and establishment at new parking lot. BOARD OF APPEALS/ESTABLISHMENT Mayor Carlson stated that this was the time and place duly noted to consider action taken by Council October 7, 1991, authorizing establishment of Board of Appeals to hear building regulation appeals. Kate Anderton, Town Attorney, stated that State Law requires adoption of Uniform Building Codes, which includes the provision for an appeals board consisting of individuals experienced in building trades and industries. TC:D2:MM111891 November 18, 1991 Los Gatos, California Motion by consensus that Council continue this item to some time in the future and to address issues of discretionary review, term in office to be less than four years, individual professional variety stated for appointees, and inclusion of conflict of interest clause. Mr. Attaway agreed with further review but stated the need for professional overview of the type of appeals coming from building and construction issues. TC:D2:MM111891 November 18, 1991 Los Gatos, California MINUTES OF NOVEMBER 4, 1991 Mrs. Benjamin requested amendment to page 9 under Smoking Regulation to read as follows; "...this to include Council's intent that bars not convert themselves into a restaurant facility but allow those patrons that wish to be served a meal that opportunity if the patron specifically requests food service." Mr. Carlson requested amendment to page 5 under Dittos Lane, last motion to include as follows; ".....that Council uphold the Planning Commission's decision, citing no evidence of error, and deny Zone Change Application Z-86-4A." Motion by Mr. Ventura, seconded by Mr. Attaway, to approve the Minutes of November 4, 1991 as amended. Carried unanimously. MINUTES OF NOVEMBER 12, 1991 Motion by Mr. Ventura, seconded by Mrs. Benjamin, to approve the Minutes of November 12, 1991 as submitted. Carried unanimously. MINUTES OF NOVEMBER 12, 1991/JOINT MEETING This item was removed from the agenda and will be returned at a later date. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational report submitted by the Attorney regarding Town Code Violations and steps to ensure code enforcement was received and filed. EARTHQUAKE RESTORATION PROGRAM/EXTENSION/ORDINANCE Mayor Carlson stated that this was the time and place duly noted to consider report regarding extension of earthquake applications and introduction of Draft Ordinance re- establishing the Los Gatos Earthquake Restoration Program. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS REESTABLISHING THE LOS GATOS RESTORATION PROGRAM FOR THE REPAIR, RESTORATION AND TC:D2:MM111891 November 18, 1991 Los Gatos, California RECONSTRUCTION OF STRUCTURES DAMAGED AS A RESULT OF THE OCTOBER 17, 1989 EARTHQUAKE. Carried unanimously. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council allocate the Baseball Fund as follows: $11,000 to cover building permit fees for 131 West Main Street; $3,250 to cover building permit fees for 21 North Santa Cruz Avenue; $780 to pay Anne Bloomfield for historic consultant services; and the remaining balance to cover building permits for residential and commercial structures on a first come, first serve basis. Carried unanimously. TC:D2:MM111891 November 18, 1991 Los Gatos, California REFORESTATION PROJECT/TREE SPECIES/DOWNTOWN Mayor Carlson stated that this was the time and place duly noted to consider Council action on July 15, 1991 when Council authorized staff to remove dead trees in the Central Business District and replace them with specified trees in specific locations according to a detailed plan which provided for removal of 60 freeze killed trees and replacement with 95 new trees. Staff explained to Council how the project was planned and the benefit of the proposed variety of tree to the Town. The report was received and filed. SHANNON ROAD 18/ANNEXATION/ELECTION CERTIFICATION/RESOLUTION 1991-259 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 259 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING ELECTION RESULTS OF MEASURE "N" REGARDING THE ANNEXATION ELECTION OF SHANNON ROAD #18 HELD ON NOVEMBER 5, 1991. Carried unanimously. REDEVELOPMENT PROJECT/CENTRAL LOS GATOS PROJECT Mayor Carlson announced that this item would be reheard due to the incorrect Title being read earlier in the meeting. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to reconsider the introduction of Draft Ordinance regarding the Central Los Gatos Redevelopment Project. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT. Carried by a vote of 4 ayes. Mr. Ventura absent. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Blanton, to adjourn this evening's meeting to November 25, 1991. The meeting adjourned at 10:25 p.m. ATTEST: TC:D2:MM111891 November 18, 1991 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D2:MM111891